MassLady

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About MassLady

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  1. In Massachusetts, you can file a motion in lieu of answer. You are supposed to write a letter requesting hearing and even the date. My court clerk gave me a piece of paper and a pen and told me to write a request for the hearing. I also have a very good MTC that worked for me and cases that are for Massachusetts (some amazing members helped with it). I am willing to share them with you if you pm. You can always replace your motion if you want. Don't listen to court clerks, they don't know much. In my case, the same one that asked me to write the hearing request told me that I was going to get a default if I didn't submit an answer. I had to lie and told her that a lawyer told me so (I read the civil proecedures and it is there) Also, if you tell me which county? How much is the amount? It looks like OC is the plaintiff here. P.S: Someone else contacted me when his motion was never scheduled after months. But when I told him that he has to have a request in writing, he was able to get a hearing. I am in Middlesex, he is in Plymouth county.
  2. Thanks @shellieh98 and @BV80 I actually have edited the post and deleted the name while back but the tags are still there. If you go up tp the thread title, you will see keywords. All are general but the first one if the name of the jdb. If you google the jdb water front (one word) capital,arbitration, my thread comes as the third entry. i am not sure if it is possible, if not, no worries. It is what it is Thank you
  3. Hello guys, I need to update the tags on this thread. I would like to delete the jdb name. Thank you P.s: Will update shortly about the pending cases
  4. @debtzapper Thank you so much for the links and your support. I appreciate it. I don't have much free time so definitely bad timing. But I am determined. I will be working on the formal complaint. My deadline for strike and rank is next Thursday so I need to submit the claim by then. The case manager told me that there is no need to but in the rules it says that the claim has to be submitted before judge selection. I should be also looking for claims without violations (is there such a thing? ) So any links are greatly appreciated. Thank you P.S. thanks to the cases, my cases were dismissed
  5. I have to train to talk slowly which going to be very hard for me. but that is a great tip
  6. CT yankee, My motion to dismiss and compel arbitration was granted. The case was not dismissed with prejudice but it was dismissed so that we can resolve the issues in arbitration. If I didn't initiate jams, they could reopen my case and I could be sued be also sued for not following the court order. Arbitration is not a choice here but must. Thank you for the reply.
  7. Jdb paid heir initial fee on the 11k. I am going to initiate jams for the 2k asap. It is going to be another long battle but I am determined to fight It seems that I have to create a new thread under arbitration. I will update here in the future. Thank you all for your help thus far.
  8. @shellieh98 You are right. I got the letter and it states that there is no appeal but the decision can be vacated or amended within one year. So I will initiate arbitration and like I said 5/5/2009 was last payment made so time barred. Thank you for the help and time you have provided throughout this ordeal
  9. @debtzapper You gave me a lot of ammunition (cases) which helped a lot. I just would not have done it without those cases. So thank you so much
  10. Thank you @shellieh98 My motion to dismiss was granted. I don't see anywhere that the motion is to compel arbitration.... But will initiate arbitration. By the way, as of now, it has been 6 years (Mass SOL) since last payment was made. Can they still counterclaim on arbitration? if they did, they are putting forward a claimed that is time barred?
  11. Hello everyone, i hope you had a nice weekend Today, the court posted this Motion allowed. (to dismiss) Judgment Entered: Judgment of Dismissal , upon motion for dismissal Case is listed as disposed of. Judgement for 'me' against 'jdb' It does not even mtc-arb but will be initiating arb soon. thank you all for your help and support. There are some people out here that i will never forget about what they have done for me. very grateful!
  12. Thanks @shellieh98 I was going to object but then it was like love in the air in the courtroom between the lawyers and the clerk magistrate since they see each other almost everyday. It is like their are having their second offices there. One lawyer was there sitting on the desk. The clerk,was what are you here for.......? she replied: a hearing. He was like I am sorry I will be quick That guy may send a bill to the law firm but he said nothing, not even a single word. I know he knew about MTC and acted like he had no clue. One thing guys, the clerk took the objection as if they objected to the whole motion. That would be a violation of the JDB to object to the arbitration. I told the clerk that they objected to the dismiss part but I was still lost in what he had in front of him. I just realized I was not sworn in but people before me were. Also, no recording -very informal. Just an update what to expect if you are in small claim court for MTC for any one reading this in the future. It is a kind of informal.
  13. Yes @CCRP626 today was the motion hearing. This is Small Claim Court in my district and only the clerk magistrate does these hearings. Before my motion, there was a used car dealer sued by the landlord and the clerk magistrate crossed examined them (auto body sued, ex boyfriend sued for money borrowed from ex gf.....) and of course so many credit card debt and mostly default. so he is the one who takes care of these cases under $7000.. Also we address him as 'sir' or 'Mr clerk' Case he can't rule at the spot when there is no admission like the used car dealer and landlord, my motion will be under advisement. This means he will take time to read the case and probably ask a judge and then get a response in the mail. I am hoping they post something beginning of next week. Next thing is wait and see. No other hearings. If I don't like his decision, I am going to appeal. Then I can be in front of a judge. By the way, I am getting the hang of these things (approaching the bench and arguing my case -- I get passionate).
  14. Hearing today. no decision it (under advisement) i think it was the first time the clerk magistrate saw a motion to compel arbitration. He was surprised on the motion and was wondering how the case never was heard and now the motion. JDB lawyer not there but the clerk asked one lawyer if he was the jdb lawyer. An 80 year old filling for many lawyers today responded that he could represent my JDB even though they didn't ask him. Clerk asked him about the lawyer signing the opposing and he recognized her as someone working at the firm. So they know each other very well (JDB and JDB lawyers) and I am sure they have their own forum or a way to exchange information. The lawyer didn't say a word. He acted that he didn't nothing. This guy was sitting on a desk and represented Midland, capital one and couple of unkown JDBs. I had to explain the agreement, arbitration.....something the judge last time knew already. He said that this would go under advisement. I handed him a page with the 3 cases and under each title there a summary of the case. I said: the case should be dismissed since this court has no jurisdiction over the matter. He replied: 'that remained to be seen' If the case is not dismissed, I am going to appeal because I know a judge would. Thank you guys